SC law allows criminal suspects to pay bail on installment plans +SURVEY
| By Noelle Phillips, The State (Columbia, S.C.) | |
| McClatchy-Tribune Information Services |
Under the current system, a person arrested on a violent crime and given a bond of
The panel wants the
The group wants defendants, especially those charged with violent crimes, to pay higher fees to be released from jail. That way, those suspects have more money invested in their own behavior. Or, as
The changes will be included in a final report from the mayor's panel, which will be presented Tuesday night to
Bail bonds have become a big issue in the
Prosecutors, defense attorneys, judges and some law enforcement officials are aware of the process that allows criminal suspects to be released after putting up a small percentage of their total bond.
The public knows that suspects only put down a percentage of a bond amount to get out of jail. But they probably don't know the suspects can finance what they pay, putting down even less than people might imagine, said
The situation is frustrating for prosecutors and police who feel it's too easy for criminals to get out of jail and return to a life of crime, said 5th Circuit Solicitor
"When we argue for a high bond, there's no way to tell what that bond would actually be," when the suspect goes to pay it, Johnson said. "It's frustrating. It shouldn't be that way."
What's legal
Bonds are not meant to be a punishment for being arrested.
They exist so people do not have to spend years in jail awaiting their trials. The bond serves as a financial guarantee that a suspect will show up for future court hearings, including a trial.
The bond process is established by state law, but judges have discretion over how high a bond will be. They can set a higher bond for someone who is arrested on a violent crime or is considered a flight risk. They also can deny bonds in some cases.
Rarely is anyone required to put up the full amount of a bond, whether they are arrested on either a minor charge, such as shoplifting, or a serious crime, such as first-degree burglary. Instead, they pay a percentage and then are on the hook for the balance should they fail to come court.
Bail bondsmen come into the picture when people do not have enough cash to pay for their release.
In most cases, the bonds are insurance policies; the bondsmen are the agents who sell the policies, then pay them off over time. Bondsmen also are responsible for their clients' court appearances.
The bondsmen guarantee the full amount of the bond and then collect a fee from the defendant for the service.
Under the current system, state law says that bail bondsmen may charge a minimum payment of
The industry standard is for bondsmen to collect 10 percent of a bond. That covers the insurance policy, which is used to guarantee the full amount on the bond, and the bondsmen's work in making sure the defendant shows up in court, said
Most bondsmen want a down payment that would cover the cost of the insurance policy, which is between 2.5 percent to 3 percent of a bond.
So, if a person has been given a
While that is the industry standard, there is nothing in
"Have fees been lessened through competition?" Mescia said. "Yes. There are bondsmen out there writing bonds with a fee of 2 to 3 percent."
He went on to say, "I don't have to charge 10 percent. I can write a policy for whatever amount I want as long as it's above the
Still, Mescia said most bondsmen charge a reasonable down payment to cover their own expenses for the insurance policy.
"It's not something that is happening on a grand scale within the industry," Mescia said of extremely low down payments. "I don't see many agents going that low. I can't say no one does, but those affiliated with my organization probably don't. I will say I have seen them go as low as 3 percent."
But he said, "That doesn't diminish the bond. The payment is a guarantee the party will appear in court to answer to the charges."
But Johnson, the prosecutor, said such a wide fee scale is what makes bonds so confusing to the public. It's nearly impossible to know exactly how much a violent criminal actually pays to get out of jail, he said.
It also puts judges in a bad position because they also don't know what a bond company is going to charge for its services, Johnson said.
"The key issue is that the amount of the bond is not the amount people think it is," he said. "When they are not having to come up with that specific amount of money, it is deceptive."
No risk for not paying?
Another problem the bond panel found is that there is no deadline for when the payments must be completed to the bond agent, Stewart said. People can pay on them for years or not pay at all.
If someone fails to finish paying a fee to a bondsmen, there is no provision in state law to send the offender back to jail, Stewart said.
Johnson said a bondsman could remove himself from the case, thereby sending the suspect back to jail.
But Mescia said that isn't very simple. A bondsman must go to court to ask a judge to remove him from a person's bond and often those requests are denied, he said.
In the report, the mayor's bond panel has suggested a change that would allow installment plans to continue but would raise the minimum amounts paid by defendants. The panel also recommends a time limit on when the outstanding balance must be paid to the bondsmen.
The bond agents group has not taken an official position, Mescia said. But his group has a proposal on the table.
The proposed plan would require defendants to pay 10 percent to a bondsman and make a down payment of either
Under that scenario, someone who receives a
"The regulations we set are rules that develop from what
So far, the bail agents association has not written a draft bill or recruited a legislator to sponsor it.
But that proposal would fit the bond reform panel's recommendation for change.
The goal is to tighten the system so it is not so cheap and easy for violent criminal suspects to get out of jail, Stewart said.
Mescia said his group's proposal would make it easier for judges and the public to know exactly what a suspect is paying -- a firm 10 percent of the total bond.
"The courts then would know there is a minimum down payment," Mescia said. "It would end the shell game of how much is being paid up front."
Reach Phillips at (803) 771-8307.
___
(c)2013 The State (Columbia, S.C.)
Visit The State (Columbia, S.C.) at www.thestate.com
Distributed by MCT Information Services
| Wordcount: | 1609 |



Celiac Disease Foundation Unveils New Healthcare Practitioner Directory
Forex Profit Multiplier: Review Examining Bill Poulos’s New Forex Trade Alert Software Released
Advisor News
- The overlooked retirement security risk that must be addressed
- What advisors should know about hedge funds in retirement planning
- Retirement control is top success measure for middle class, ACLI says
- Industry groups applaud House passage of Financial Exploitation Prevention Act
- Younger workers more likely to be eligible for a retirement plan after changing jobs
More Advisor NewsAnnuity News
- Malibu Life Holdings Completes Acquisition of TruSpire, Establishing Malibu USA and Accelerating Entry into the U.S. Retail Annuity Market
- Why job boards are failing insurance agencies
- MassMutual Ranks No. 100 on the 2026 Fortune 500® List
- What’s fueling record annuity growth?
- Jackson Named InvestmentNews 2026 Annuities Provider of the Year
More Annuity NewsHealth/Employee Benefits News
- Former city DPW director wants opportunity to 'defend my actions' in light of separation agreement
- CDPHP, MVP Health Care among insurers seeking rate increases
- How health insurers get a free pass to deny coverage from a 52‑year‑old law meant to protect worker pensions
- Reports from Capital One AG Describe Recent Advances in Managed Care (Factors Affecting Medical Appointment Adherence among Adolescents and Young Adults with Kidney Disease: A Longitudinal Cohort Study): Managed Care
- Studies from University of Alabama Further Understanding of Neurology (Understanding stroke caregiving in rural contexts: a qualitative study of family caregivers’ cultural values, coping behaviors, and technology use): Health and Medicine – Neurology
More Health/Employee Benefits NewsLife Insurance News
- NAIFA praises House committee approval of Clarity for Compensation Act
- PHL Variable liquidation pushed out to 2027, Connecticut regulators say
- ‘Recession-Proof’ Insurance Is Trending. Safety Net or Scam?
- Winged Keel Group Expands National Presence and PPLI Leadership, Welcomes SBSI, Inc. (dba NFP Insurance Solutions)
- MassMutual Ranks No. 100 on the 2026 Fortune 500® List
More Life Insurance News